Page:United States Statutes at Large Volume 61 Part 1.djvu/878

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854 PUBLIC LAWS-CH. 512-AUG. 7 , 1947 [61 STAT. rejected by the Senate, shall continue to be eligible for consideration Replacement. for recommendation for temporary promotion: Provided, That the next ensuing selection board may recommend the officer concerned for temporary promotion, and thereupon, with the approval of the Presi- dent, the name of such officer shall be replaced on the promotion list, without prejudice by reason of its having been temporarily removed therefrom, and when temporarily promoted such officer shall take the same lineal rank and date of rank that he would have had had his name not been so removed: And provided further, That if such officer is not so recommended by such next ensuing selection board or if the Presi- dent shall again remove his name from the promotion list or if the Senate shall again reject his appointment, he shall be held for all purposes to have twice failed of selection for temporary promotion. (2)The President is authorized to fill vacancies in any grade in the line of the Regular Navy, as determined by the computations made Ante, p. 798. pursuant to the provisions of section 103 of title I of this Act, by permanently appointing thereto and regularly commissioning therein officers holding permanent appointments in the line of the Regular Navy in grades above commissioned warrant officer who are serving in that grade under temporary appointments or who are on the promo- tion list for temporary appointment therein, but no such officer may be permanently appointed to the grade of captain prior to the fiscal year in which he and all such officers senior to him on the lineal list will have completed eighteen years total commissioned service as defined in Ante, p. 798. subsection 102 (d) of title I of this Act: Provided,That such officers shall be so appointed in order of their seniority on the lineal list: Provided further, That for the purposes of this paragraph the order of seniority on the lineal list of officers on the pomotion list shall be regarded as the order in which their names were placed on the pro- motion list: And provided further, That all such appointments shall be made by and with the advice and consent of the Senate. Rearadmiral. (3) The President is authorized to fill vacancies in the grade of rear admiral in any staff corps, as determined by the computations Antep.s8. made pursuant to the provisions of section 203 of title II of this Act, by permanently appointing thereto and regularly commission- ing therein officers of the corps concerned holding permanent appointments in the Regular Navy who are serving in that grade under temporary appointment or who are on the promotion list for temporary appointment therein: Provided, That such officers shall be so appointed in the order of their seniority on the lineal list: Provided further That for the purposes of this paragraph the order of seniority on the lineal list of officers on the promotion list shall be regarded as the order in which their names were placed on the promotion list: Provided further, That each officer appointed to the grade of rear admiral pursuant to this paragraph shall be given in his appointment the same date of rank stated in the permanent commission of his running mate in the grade of rear admiral: Pro- vided further, That if such running mate shall not have been per- manently appointed to the grade of rear admiral, the staff officer shall be given as his date of rank the date of rank stated in his temporary commission in that grade until such running mate is permanently appointed to the grade of rear admiral at which time the staff officer shall be given a new commission with the same date of rank given to suen running mate upon the latter's permanent appointment as rear admiral: And provided further, That all such appointments shall be made by and with the advice and consent of the Senate. Authority traine (4) The President is authorized to permanently appoint in any rear admirl. grade below rear admiral in any staff corps of the Regular Navy and